It results from the Complainants’ undisputed allegations that E.ON SE is an European electric utility company based in Germany, belonging to E.ON Group which is one of Europe's largest operators of energy networks and energy infrastructure and a provider of innovative customer solutions and AVACON AG is one of the largest regional energy supply companies in Germany, which is also part of the E.ON Group of companies. Together, the Complainants operated a joint venture, named E.ON AVACON Vertrieb GmbH, which was merged into another company of the Group, E.ON Energie Deutschland GmbH, in 2013.<\/p>\n
The Complainants further contend that trademark E.ON be distinctive and well-known.<\/p>\n
The Complainants use the domain names <eon.com> and <avacon.com> to connect to their websites respectively.<\/p>\n
The disputed domain name < eon-avacon-vertrieb.com > was registered on May 7, 2023 and did not resolve to an active website.<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>", "no_response_filed": "
The Complainants contend that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>", "rights": "
The Complainants have, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "
The Complainants have, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "bad_faith": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "
The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>\n
As noted above, the Complaint was filed by two Complainants E.ON SE and AVACON AG. As set forth in section 4.11.1 of WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (“WIPO Overview 3.0”): “In assessing whether a complaint filed by multiple complainants may be brought against a single respondent, panels look at whether (i) the complainants have a specific common grievance against the respondent, or the respondent has engaged in common conduct that has affected the complainants in a similar fashion, and (ii) it would be equitable and procedurally efficient to permit the consolidation.” Both E.ON SE and AVACON AG belong to the E.ON Group. Together, they operated a joint venture, named E.ON AVACON Vertrieb GmbH, which was merged into another company of the Group, E.ON Energie Deutschland GmbH, in 2013. Therefore, the Panel finds that the Complainants have a specific common grievance against the Respondent and accept the joint Complaint.<\/p>", "decision": "Accepted", "panelists": [ "Dr. Federica Togo" ], "date_of_panel_decision": "2023-11-24 00:00:00", "informal_english_translation": "
The Complainant E.ON SE is the registered owner of several trademarks for “E.ON”, amongst others European Union Trademark Registration n. 002361558 E.ON (word) registered on December 19, 2002 for services in classes 35, 39 and 40. The Complainant AVACON AG is the registered owner of many trademark for AVACON, e.g. German trademark registration no. 39910928 AVACON (word) registered on June 10, 1999 for goods and services in classes 9, 16, 35, 36, 37, 39, 40, 41 and 42.<\/p>", "decision_domains": { "EON-AVACON-VERTRIEB.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }